The article deals with recent case law of the Italian Corte di Cassazione concerning the stateless status and expulsion from Italian territory. In particular, it examines the judgment no. 24407/2021 of the Corte di Cassazione which addresses the issue of the prohibition on the expulsion of stateless persons guaranteed by Article 31 of the New York Convention of 1954 relating to the Status of Stateless Persons and affirms that it represents an exception to the general rule under international law according tohich every State has, in principle, the right to expel at any moment an alien from its territory. The decision is particularly interesting because it allows a reflection on the vulnerable condition of stateless persons, on the distinction between de jure and de facto statelessness, and on the burden and standard of proof in establishing statelessness.
Stateless Status and Expulsion from Italian Territory. Some Remarks on the Recent Case Law of the Corte di Cassazione
Marinai
2022-01-01
Abstract
The article deals with recent case law of the Italian Corte di Cassazione concerning the stateless status and expulsion from Italian territory. In particular, it examines the judgment no. 24407/2021 of the Corte di Cassazione which addresses the issue of the prohibition on the expulsion of stateless persons guaranteed by Article 31 of the New York Convention of 1954 relating to the Status of Stateless Persons and affirms that it represents an exception to the general rule under international law according tohich every State has, in principle, the right to expel at any moment an alien from its territory. The decision is particularly interesting because it allows a reflection on the vulnerable condition of stateless persons, on the distinction between de jure and de facto statelessness, and on the burden and standard of proof in establishing statelessness.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
